The Management of Health and Safety at Work Regulations 1999, regulation 10

Information for employees

10.—(1) Every employer shall provide his employees with comprehensible and relevant information on—

(a)the risks to their health and safety identified by the assessment;

(b)the preventive and protective measures;

(c)F11the procedures referred to in regulation 8(1)(a) ...;

(d)F12the identity of those persons nominated by him in accordance with regulation 8(1)(b) ...; and

(e)the risks notified to him in accordance with regulation 11(1)(c).

(2) Every employer shall, before employing a child, provide a parent of the child with comprehensible and relevant information on—

(a)the risks to his health and safety identified by the assessment;

(b)the preventive and protective measures; and

(c)the risks notified to him in accordance with regulation 11(1)(c).

(3) The reference in paragraph (2) to a parent of the child includes—

(a)M7in England and Wales, a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989 , for him; and

(b)M8in Scotland, a person who has parental rights, within the meaning of section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986 for him.

Definitions used in regulation 10 3

the assessment

“the assessment" means, in the case of an employer or self-employed person, the assessment made or changed by him in accordance with regulation 3;

Defined in reg.1 · see it in the full Regulations
the preventive and protective measures

“the preventive and protective measures" means the measures which have been identified by the employer or by the self-employed person in consequence of the assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions ...;

Defined in reg.1 · see it in the full Regulations
child

“child"—

(a)

as respects England and Wales, means a person who is not over compulsory school age, construed in accordance with section 8 of the Education Act 1996 ; and

(b)

as respects Scotland, means a person who is not over school age, construed in accordance with section 31 of the Education (Scotland) Act 1980 ;

Defined in reg.1 · see it in the full Regulations

Cases considering regulation 10 4

O'Neill v. Buckinghamshire County Council

[2010] UKEAT 0020_09_0501 · 5 January 2010Interprets

Applied to the employer’s duty to provide comprehensive and relevant information about risks identified by the assessment. The provision did not require a meeting with the employee before the assessment obligation was discharged. (see [Ground of Appeal 3])

LMS International Ltd & Ors v Styrene Packaging and Insulation Ltd & Ors

[2005] EWHC 2065 (TCC) · 30 September 2005

The failure to provide relevant information to employees constituted a breach of the information requirement, contributing to the finding of negligence (see para [242]).

Reynolds v Strutt & Parker LLP

[2011] EWHC 2263 (Ch) · 15 July 2011Disapplies

The provision was included among the alleged statutory duties concerning information about risks and precautions, but the court did not apply it because the claimant was not at work. (see paras [33]-[34])

What each judgment says about regulation 10 is in the case-law panel in the full Regulations.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F11Words in reg. 10(1)(c) revoked (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 5 (with arts. 49, 51) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); and (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006 (S.S.I. 2006/457), art. 1, sch. 2
  2. F12Words in reg. 10(1)(d) revoked (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 5 (with arts. 49, 51) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); and (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006 (S.S.I. 2006/457), art. 1, sch. 2

Marginal citations

  1. M71989 c. 41.
  2. M81986 c. 9.